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According to the Texas Department of Transportation (TxDOT), nearly 20,000 people sustained a serious injury in a traffic accident in 2021. Additionally, roadway fatalities increased by 4.17% from 2020. If you were injured in a car accident as a result of another person’s negligence, you may be entitled to compensation for damages, including medical expenses, lost wages, and pain and suffering. The experienced Dallas traffic accident lawyers from Zinda Law Group can help guide you through this difficult time.
Whether you were injured or your loved one was wrongfully killed in an accident, a Dallas personal injury lawyer can discuss your case with you for free. For a 100% free consultation with a Zinda Law Group attorney, call us at (800) 863-5312.
For a free legal consultation with a car accidents lawyer serving Dallas, call 800-863-5312
Common Contributing Factors of Auto accidents in Dallas
In 2020, there were 31,867 accidents in Dallas, including 205 fatal accidents that resulted in 225 fatalities. Additionally, 959 victims suffered significant injuries caused by 816 collisions.
These statistics show a positive correlation between the city’s growth in population and the number of traffic accidents and fatalities. The following are the most common causes of Dallas traffic accidents:
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Drunk Driving
According to TxDOT, 990 people were killed in motor vehicle accidents where the driver was under the influence of alcohol in 2020. This represents 25.41% of all fatalities involving motor vehicle accidents. Section 49.04 of the Texas Penal Code makes driving while intoxicated a Class B criminal misdemeanor. If you have been injured in a Dallas drunk driving accident, you deserve to pursue compensation.
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Distracted Driving
Distracted driving is defined as any action that diverts attention from driving, such as sending a text message, talking on the cellphone, eating and drinking, and tinkering with the stereo. Distracted drivers put you, your passengers, and everyone else on the road in danger by engaging in distractions around them. According to the U.S. Department of Transportation, there are three main types of distractions:
- Visual: taking your eyes off the road
- Manual: taking your hands off the wheel
- Cognitive: taking your mind off driving
Sending a text is perhaps the most dangerous activity to do while driving because it involves all three types of distractions. According to the Centers for Disease Control and Prevention (CDC), texting while driving is more common among older teens. From ages fifteen to sixteen, the percentage of drivers texting while driving increases from 16% to 31%, and from 31% to 60% for teens over 18 years old.
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Fatigued Driving
Driving while fatigued is comparable to driving while intoxicated. The sleepier a driver is, the worse their reaction times, awareness of hazards, and capacity for sustained concentration. Furthermore, driving after more than 20 hours without sleep equates to having a blood alcohol content of 0.08% and being fatigued makes you three times more likely to be in a car crash.
Speeding
In 2020, there were 29,832 crashes in Texas where speeding was involved. Speeding is especially dangerous because it weakens the efficacy of the vehicle’s safety equipment. In addition, speeding leads to an increased degree of crash severity leading to more severe injuries. Nationwide, speeding was a contributing factor in 29% of all traffic accident fatalities.
Read More: What is Distracted Driving?
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Send Request NowInjuries common to Dallas auto accidents
As two vehicles collide with one another, a lot of force is exerted very quickly. By twisting and bending your body in ways it was not supposed to move, the direction and intensity of the force could cause great harm. Some of the most common injuries suffered by victims of motor vehicle accidents are listed below.
Soft Tissue Injuries
Damage to the body’s muscles, ligaments, or tendons results in soft tissue injuries. In addition to being brought on by overuse, they can also be brought on by abrupt trauma, such as in a car accident. The most common types of soft tissue injuries include:
- Sprains
- Strains
- Contusions
- Whiplash
Chronic pain, bruising, swelling, and loss of function are typical symptoms of soft tissue injuries. Additionally, an acute injury, such as a soft tissue injury, could severely impact a person’s range of motion. Your doctor should inform you of the best treatment for your soft tissue injury.
Head Injuries
Traumatic brain injury (TBI) is sudden brain damage brought on by a blow to the head. Vehicle and motorbike accidents are frequently the cause of TBIs. According to the National Library of Medicine, four criteria are used to grade the severity of TBI:
- Structural imaging
- Loss of consciousness
- Alteration of consciousness/mental state
- Post-traumatic amnesia
- Glasgow coma scale
Doctors use these criteria to determine whether a TBI is mild, moderate, or severe. A TBI can have a permanent negative impact on your brain’s ability to properly function. Some brain injuries can heal quickly, but depending on the severity of the damage, the process of treating a TBI may last a lifetime.
Mental and Emotional Injuries
Any time our bodies experience tremendous stress, like a car accident, there is a chance that mental and emotional trauma such as PTSD can manifest. Aversion to specific sounds or pictures connected to the collision, fear of driving, and sleep issues brought on by anxiety or nightmares can all be symptoms. Symptoms of mental and emotional injuries also include:
- Dissociation
- Avoidant behavior
- Detachment and alienation
- Hypervigilance and hypersensitivity
- Intrusive thoughts
Your best course of action is treatment, since psychologists and therapists may assist you in overcoming PTSD and resuming your normal life. Before making a PTSD diagnosis, doctors consider several factors. Usually, PTSD symptoms need to last for longer than a month. Most people who have PTSD after a car accident do so within three months, but symptoms may not show up for several more months.
A Dallas car accident attorney from Zinda Law Group can carefully assess the evidence of your case and collaborate with expert witnesses to determine the severity of your injuries and how they may affect your chances of recovery. To discuss your case with an experienced Dallas personal injury attorney today, call (800) 863-5312 for a 100% free consultation.
Establishing Negligence in a car accident case
To establish negligence, you must know what constitutes negligence in the first place. There are four elements required to prove negligence, and several types of evidence are required to prove each element. The elements of negligence are the duty of care, a breach of that obligation, causation, and damages. All four elements must be proven by a preponderance of the evidence.
Duty of Care
Establishing that the defendant owed the plaintiff a duty of care is the first step in a motor vehicle accident claim. Although it can be challenging to establish in other sorts of lawsuits, it is rarely a concern in car accidents. This is so that everyone driving knows they have a responsibility to drive safely and responsibly. For example, reckless driving is a violation of Title 7 section 545 of the Texas Transportation Code, which is enforced by law.
Breach of the Duty of Care
When it comes to showing that the defendant breached their duty of care, it is usually far more difficult than showing that a duty existed. In fact, the breach of care analysis is usually the main point of contention in legal cases involving auto accidents. Any negligent or reckless action that causes a car accident could be considered proof of a breach of the duty owed. This evidence frequently consists of documentation of a criminal offense or other infraction, such as Title 7 section 545.
Causation
To prove causation, the plaintiff must show that the collision was the direct cause of their injuries. In other words, the plaintiff must demonstrate a strong enough link between the defendant’s negligence and the plaintiff’s injuries. It’s typically at this stage in a car accident litigation where defendants will allege that the plaintiff’s injuries existed before the accident. Evidence of medical treatment within a short time after the accident helps establish that the defendant’s negligent driving did in fact cause the injuries.
Damages
Damages are the final element required for proving negligence. You are only entitled to compensation if your injuries are compensable.. Your medical expenses, lost wages, and emotional anguish could all be considered compensable damages.
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What costs do damages cover?
According to CDC, medical bills and missed wages from fatal auto accidents totaled roughly $44 billion in 2016. After discussing the facts of your case, a Dallas personal injury attorney can review your options for recovery. The first step in developing an automobile accident case is to conduct an investigation.
After compiling proof showing the other motorist was at fault, we can then begin working to recover any damages you may be eligible to claim. You may be able to file a claim for the following damages:
- Medical bills
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Scarring and disfigurement
You might need continuous care or future care depending on the severity of your wounds. If you work with a member of our team, we will make sure to account for all your accident-related losses, including past, present, and future losses. Additionally, you could receive punitive damages if the defendant was engaged in particularly egregious conduct when they caused your injury.
Read More: What is Negligence?
Can I bring a legal claim if my family member was killed in a car accident?
The surviving family members may file a “wrongful death” lawsuit if someone dies or is killed as a result of another’s negligence or carelessness. These legal actions seek restitution for the losses suffered by the survivors, including burial costs, lost companionship, and the deceased’s lost future earnings.
When someone passes away as a result of another person’s legal wrongdoing, a wrongful death claim exists. A wrongful death claim could be filed against a drunk driver in a car accident or the bartender who overserved the driver.
State-by-state variations in wrongful death laws affect who may file claims and whether there are any restrictions on the amounts of damages that may be awarded. Generally, the people who can file a wrongful death claim include:
- Parents
- Children
- Spouse
According to the World Health Organization (WHO), road traffic accidents (RTAs) are the first leading cause of death among people aged 15-29, causing 1.3 million deaths per year. If your loved one was killed in a negligent driving accident, call (800) 863-5312 to speak with a Dallas personal injury attorney today. We can discuss the potential of bringing a wrongful death lawsuit and the damages you may be eligible to recover if successful.
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What to Do After a Car Accident
There are a few steps you can take after a car accident to ensure your safety and to ensure that you can seek compensation:
1. Call the police
After an accident, call the police. The police play an essential role in the legal process because they are the first step in creating official documentation of your car accident. The police will file an official police report that will serve as critical evidence in your claim.
2. Seek necessary medical attention
If you have sustained any injuries whatsoever, seek medical attention immediately. Making sure that you are safe and healthy is the most important thing you can do. You cannot fight for compensation unless your well-being is taken care of first.
3. File an insurance claim
Contact your insurance company to file an official claim. Don’t waste any time in getting the ball rolling.
4. Consult an attorney
Car accidents can be devastating, but having a qualified attorney on your side can help you get the compensation you deserve. Contact a Dallas car accident lawyer at Zinda Law Group today to discuss your case.
Read More: When to Hire an Attorney After a Car Accident
Schedule your free case evaluation with Zinda Law Group Dallas Traffic Accident Lawyers Today
At Zinda Law Group, our Dallas traffic accident lawyers have helped many families seek the justice and the compensation they deserved after a traffic accident. We have the knowledge, experience, and resources necessary to help you through this difficult time, and as our client, you will pay nothing unless we win your case. That’s our No Win, No Fee Guarantee.
Call Zinda Law Group today at (800) 863-5312 for your free consultation with one of our wrongful death lawyers.
Our Awards
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), JOE CAPUTO (2019-2021), BURGESS WILLIAMS (2019-2020), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020), JOE CAPUTO (2016 – 2020) & BURGESS WILLIAMS (2016-2017)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA & JOE CAPUTO
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